Top 20 Assignment and Subletting Provisions

Tenant’s right to sublease and assign;
What a tenant’s written request to landlord for consent should include;
When a landlord’s time to respond to a tenant’s request for assignment and subletting should begin, and when must it respond by;
Landlord’s recapture and leaseback rights;
Carve-outs from recapture and leaseback rights;
What a landlord conditions its consent to an assignment and/or sublet on;
Landlord and tenant splitting profits and key-money;
Landlord’s right to increase fixed rent upon assignment;
Landlord’s right to additional security deposit upon an assignment
When an assignment or sublet is binding upon landlord, and tenant’s continuing liability thereafter;
The connection between assignment and subletting, use and guaranty provisions;
What landlord’s rights are with respect to an assignment;
Who pays for landlord’s review of an assignment or subletting request;
What transfers are “deemed” to be an assignment;
Financial and non-monetary safeguards for landlords in the event of an assignment;
Making each sublease subordinate to the original lease;
Landlord’s use prohibitions and restrictions;
Carve-outs to requiring landlord’s consent to a sublet or assignment;
Desk sharing and permitted occupants; and
Pro-tenant exclusivity rights.

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